Legal Question in Immigration Law in California

I legally immigrated to the United States when i was 2 with my family. Shortly after I went to get my fingerprints taken with my younger brother, I ran away from home at 17. Our biometrics info got mixed up and I never went back to retake my prints. When I turned 22, I was arrested and convicted for possession of sale marijuana. I was an addict at the wrong place at the wrong time. The drugs weren't mine but I took the plea bargain because it seemed a lot better than what my lawyer said i might be facing if we went through with the trial and didnt win. I received 3 years joint suspension with formal probation and 1 year in a rehab. What my lawyer didnt inform me of was that this was a deportable charge. During the sentence, he disappeared to go to another trial. My codefendent's lawyer was standing next to me and I just answered yes to everything (instructed by the lawyer) I only found out later that I would be facing deportation.I would've fought it only if I had known this fact. I held off on renewing my green card because I heard that if I tried to and I was on probation that the INS would come to pick me up. I am finally finished with probation and would like to move foward with my life. I want to travel and don't want to have to worry about my immigration status. My mom is a U.S. citizen and my dad and brother have served for the US army. We want to take a vacation and I really need some help

Any suggestions?

Thank you


Asked on 10/22/09, 4:58 pm

2 Answers from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

You may be able to go back and change what occurred based on ineffective assistance of counsel. You may also be able to expunge the conviction if the former doesn't work and possibly save your status if you ended up in removal (deportation) proceedings.

Traveling is risky as is applying to renew your permanent residence until the above is handled.

For further information, feel free to contact me offline at 818 609 1953 or [email protected]. The above should not be taken as legal advice but as information only. It doesn't create an attorney client relationship. I do however, look forward to the opportunity of working with you.

Sincerely,

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Answered on 10/22/09, 5:52 pm
Jennifer Brill

You may be able to have the conviction be changed, reinstated, etc. or expunge. Once that conviction is handled with someone who is experienced in criminal and immigration issues, then you may be able to renew your application for permanent residence. For information, please call: 415-387-1364 or [email protected].

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Answered on 10/22/09, 7:42 pm


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